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Divorce Procedure in Pakistan:

The marriage bond is dissolved by a number of ways, sometimes, it is dissolved by the husband by express or implied words used for the purpose of dissolution of a marriage bond. This called “Talaq” (Divorce)  thorough repudiation by the husband. Sometimes, the separation is sought by the wife. This is termed as “Khula”, in Islamic law.  Lastly, a wife may also seek dissolution of marriage from a Family Court through Divorce Lawyer in Lahore. A Marriage may also be dissolved with mutual consent of husband and wife,  which is called “Talaq e Mubbarat”.

Whatever mode has been adopted for the divorce but notice to concern Union Council/ Arbitration Council for issuance of a divorce certificate is mandatory in all situation.  As arbitration council / Union Council shall issue the Divorce Certificate after the expiry of 90 days period which is counted from the date of notice given to Chairman Arbitration.

Talaq Procedure:

According to Section 7 of the Muslim Family Laws Ordinance, 1961 husband pronounces the talaq and sends a Notice through a registered  AD/Courier to the Union Council. The Union Council upon receiving the notice by Husband issues the notice to wife through registered mail. It forms an arbitration committee i.e called Arbitration Council within 30 days of receiving the notice by the husband. The Chairman Arbitration Council issues the Computerized Divorce effectiveness Certificate after the expiry of 90 days period (from the date, union council received the talaq notice by husband) is completed.

If the wife is pregnant at the time Talaq is pronounced, Talaq shall not be effective until the pregnancy ends.

Do remember, to notify the Chairman arbitration Council regarding divorce is mandatory as non-compliance may result in a sentence of up to one-year imprisonment and / or a fine of upto Rs. 50000 /-.

Divorce  from Family Court:

If the right of divorce is not given to a wife in Nikkah Nama, she may apply for dissolution of marriage on the ground of KHULA through a lawyer, which does not require any further ground. The wife may seek dissolution on this ground alone as a matter of right. She merely may say that it is not possible to live with this husband within the limits prescribed by Allah or she may even say that she does not like the face of husband. for detailed procedure of Divorce from family court, you may read out our blog Khula Procedure from Family Court.

Other Grounds for Judicial Divorce:-

A wife may also get a divorce decree from Family Court other than Khula on the following grounds:-

• If the husband has abandoned the wife for four years.
• If he is not paying maintenance for two years.
• The husband has contracted another marriage without the consent of the first wife.
• Imprisonment of the husband for seven years,
• The Husband failed to fulfil his marital obligations for three years.
• If the husband is impotence since marriage.
• If the husband is seriously ill for two years.
• Using the option of puberty, if the marriage was contracted through her legal Guardian before the age of 16 years. She may renounce the marriage before the age of 18 years.
• If a husband is cruel and abusive.
• Any other ground recognized as valid for the dissolution of the marriage according to Islamic law.

The family court issues a decree and bound to send a notification to concern union council, which shall be considered as divorce notice. But this practice is not being followed, therefore the decree-holder/ wife should submit the decree before union council.  The Union Council shall continue as if it had received the notice of Talaq from husband and after 90 days union council / Arbitration Council shall issue the Divorce effectiveness Certificate.

Return of Haq Mehar in  Khula case

In case of dissolution of marriage through Khula, Family Court may direct the wife to surrendered her Haq Mehar as following:-

1. 50% if dower was deferred.
2. 25 % if dower was admittedly paid (prompt).

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